Carlson

Carlson v. Blatt

Good Law
105 Cal. Rptr. 2d 42·2001 Cal. App. LEXIS 152·2001 Daily Journal DAR 2345·87 Cal. App. 4th 646·2001 Cal. Daily Op. Serv. 1855
Court of Appeal of CaliforniaMarch 5, 2001No. B135467California1,477 words

Opinion

Lead Opinion

Yegan, J.

In this action for legal malpractice, John Robin Carlson appeals from the summary judgment granted in favor of Attorney *648 James E. Blatt and James E. Blatt, a professional corporation (Blatt). (Code Civ. Proc., § 437c, subd. (c).) 1 Carlson claims that he was wrongfully convicted of 13 felony counts in 1988 because of Blatt’s professional negligence. We conclude that the action is time-barred and affirm the summary judgment. (§§ 340.6, subd. (a), 352.1.)

Factual and Procedural History

In 1988, appellant was convicted by jury of five counts of corporal injury to a child (hereafter the child counts) and thirteen counts of corporal injury to a spouse, assault with a firearm, sexual battery, spousal rape, sodomy by force, and forcible oral copulation (hereafter the spouse counts). {People v. Carlson (Super. Ct. L.A. County, 1988, No. A575276).) Appellant discharged Blatt and moved for new trial on the ground that he was denied effective assistance of counsel. On April 14, 1989, the trial court denied the motion and sentenced appellant to 26 years in state prison.

The judgment was affirmed by the Court of Appeal in an unpublished opinion. {People v. Carlson (Aug. 26,…

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